http://cgi.ebay.com/ws/eBayISAPI.dll?ViewItem&item=&rd=1&sspagename=STRK%3AMEWN%3AIT&rd=1

The title says that it's a Titanium seatpost.

But when I read the comments after I posted a bid, the seller thinks that it might be an aluminum stem.

Bid closed and I won.

I want to back outta this with no negative points for either side.

Advice?

email the seller right away stating you were bidding on one with titanium, and that since he's unsure if it is in fact what he claimed it was, you wish to cancel the transaction with no feedback on either side.

Send a copy to ebay, and attach a note mentioning that the seller's listing states titanium but now the seller is saying it 'might' be aluminum. Anyone with two braincells knows the metals are of differing quality and value.

I did the first paragraph, but didn't copy to ebay since I want to keep it "low-key" in case he turns out to be cool about it.

The seat post and brand is a pretty good design.

The clamps are so good that they are suing folks for copying their design.

It's just too much $$$ for an aluminum seat post that is used.

And I prefer titanium since it has a better ride quality.

..and the "My ass is supported by precision-machined semi-precious metal. GTF outta the way of my bike, white boy! "factor...

that is definitely not titanium. Titanium just looks different. Hell, my wedding band is titanium. Titanium has a darker look to it. I would seriously put my money on that being aluminum. And as far as retracting your bid, it shoudl be no problem unless the seller is a dick about it. I would just tell eBay if he gives you any trouble that he misrepresented the item. They will side with you on it should a dispute arise.

looks like my ALUMINUM one

can the seller amend his posting to make it say "aluminum" instead of titanium and then bullshit that I must have been smoking crack?

BTW, I got his full name, PO Box and phone.

take a screencap of it saying titanium

yeah, take a screen shot. Or you could report it to ebay right now as false advertising. They will then see it before it gets changed.

Dude, unless the camera tricks me, that post is aluminum :(

he hasn't replied to my email.

nothing has changed.

OK, this is what has transpired so far:

BATMAN: james, If this is not a titanium seat post I wish to cancel this transaction with no negative feedbacks for either party even though I won the bid.

JAMES: it is clearly stated in the comments as aluminum and the weight is clearly noted james long, j.d.

BATMAN: Then where is the titanium part as stated in the title? "AMERICAN CLASSIC 27.2 TITANIUM SEATPOST 191 G SEAT POST "

JAMES: and the aluminimum part was stated after the title is stated, and you bidded after the aluminum part was inserted, failure to read is not a contractual defense, james, j.d.



Any suggetsions?

Worse case scenerio, will a negative impact really hhurt me as a non-payer?

Report it to Ebay. See what they say.

Definitely report it to ebay because the description was never established for certain. IIRC, the comment on the auction was "it MAY be aluminum", am I right? So therefore, he never identified which metal this is made from. And in any case, he, the seller, is 100% responsible for the proper identification and description of what he sells. he failed to do so. he does not have a leg to stand on, because saying that something "may" be aluminum does not mean that it is. At that point, he was obligated to change his auction to fit the new information, and he did not. Ebay should see it your way because no positive description is offered that clears up the confusion.

If you like, you can also quote eBay's seller regulations, where they state that the seller is 100% responsible for the proper and accurate description of the item for sale. In the case of an improper description, there is even a complaint you can file against a seller if you receive an item that is not what they advertised. I would just point out ot ebay that there is a significant difference between an aluminum seat post and a titanium one, and you bid because he listed a titanium one for sale. Simpy not paying will not look good because you have a low feedback number.

OK, I reported it to ebay.

Let's see what happens.

BTW, anyone notice that he is a lawyer?

he is? Well, then he is not a very smart one. anyone in that profession should know better than to think that saying "it is titanium, but then again it might be aluminum" is an acceptable description when selling something. He is responsible for knowing or at least making it clear that he is unsure. Advertising it as titanium and leaving it at that was his mistake, regardless of what the comment says below.

Here is his latest email to me:

"so alain, i am ok with relisting the item if you pay for the listing fee of a dollar and we mutually cancel the contract. if not, and you want me to leave negative feedback and litigate this, i have sued people for a penny before, if you dont believe me call the san diego court clerk"

have u got a screen cap of the auction? its been taken down...

Nope.

I just got this email tonight:

oh yeah, if you had the information and you chose not to read it, i will leave negative feedback and a nonpaying bidder information. if you choose to leave negative feedback, then you will be sued. your choice and your call.

you have 24 hours.

He's going to sue you for negative feedback?!?

He cannot sue you for truthful feedback. That is the fact. he is referring to you slandering his character, and if you leave truthful feedback that he did not clearly identify the item, then he has nothing to go on. Also, as for his offer, he has nothing to stand on here. Regardless of what was posted as a comment to someone else, he specifically listed this item as a titanium post, and if it is anything but that, then he misrepresented his item for sale. Additionally, the comment did not appear in any description of the item, but in a comment he posted to someone else. You clearly asked him what the deal before the auction ended, am I right? Keep all emails and messages you sent and received from him--if the guy decides to be that ignorant you will need them.

The very first thing that a judge will do if he sues you about feedback is ask "what feedback did you leave". The second thing the judge will do is say, "Well, is that actually what took place?" If it is, then his case is dismissed.

he sued someone for a penny--why do I believe that?? Alain--this guy has no life if he is that sad, and there will be no pleasing him. It's up to you if you want to send him the dollar, actually, for a buck, I would just make it go away honestly because he sounds like the original ebay nightmare--if you dont get rid of him now you will have to deal with him for the next six months over this. There you go--send the guy his dollar and let him get on with his bad self.....

the buck is no biggie, but since he is a lawyer, would that be admission to "guilt" and open up doors for him to sue me for "pennies"?

Would I have to fly/drive to San Diego from the Bay Area to meet him in small claims or municipal court?

Also, it sounds as if he will give me a negative feedback even if I give him the $1.

I'd tell him to go fuck his hat.

I spoke with my lawyer and was told that the most that he can really sue for is for the price of the deal not for a truthful negative feedback.

the buck is no biggie, but since he is a lawyer, would that be admission to "guilt" and open up doors for him to sue me for "pennies"?

Would I have to fly/drive to San Diego from the Bay Area to meet him in small claims or municipal court?

Also, it sounds as if he will give me a negative feedback even if I give him the $1.

First, he will not be able to sue you for anything on that if you give him the dollar. AS proof of this, consult the message he sent you. He specifically said that he would be willing to end this if you sent him a dollar to cover the fee to relist the item. If you do and then he demands more, then he broke his own written agreement, and that will make him lose any future lawsuit on the topic.

Second, you said that he offered the following:

"so alain, i am ok with relisting the item if you pay for the listing fee of a dollar and we mutually cancel the contract. if not, and you want me to leave negative feedback and litigate this, i have sued people for a penny before, if you dont believe me call the san diego court clerk"

The key here is mutually cancel the contract. If he then decides to try to leave negative feedback, you have him in a ringer because of his written agreement to mutually cancel this. If he then tries to say that you screwed up somehow, you can sue HIM and point to that "mutually cancel the contract" clause that he wrote. Seriously, I would offer to pay him the buck and get on with life. If he then tries to start more trouble you have him by the balls. Just my .02 and hope it helps.

UPDATE:

A few days ago, I got the standard email from ebay that I was going to get a negative feedback for non-payment.

I sent an email back about the misrepresentation blah balh blah.

They replied that they will "erase" this fuck up.

So all is good on my end.

End of story.

I just found out that he is no longer a member.

Does that mean that he quit on his own or ebay cancelled him?

No other details are present.

sounds like a litigious douche

more than likely they did not cancel his account over one such incident. But you can bet that they did contact him over it. Based on his attitude that is evident in what he said to you, my best guess is that he probably did not like their reply back to him, and then probably told them where they could stick their ebay account.

I would bet that they had complants from other people about him. They added up and then killed his account.

he has a 100% positive feedback.

I haven't even gave a feedback, so maybe there was some words with him and ebay since I can't imagine that my incident was strong enough to warrant a suspension.

essentially he is "no longer a registered user"